LOS ANGELES (CN) - A 6-month old girl was strangled in Walt Disney Co.'s Winnie the Pooh 4 in 1 bassinet because its bars are too far apart, her parents say. The couple says the U.S. Consumer Product Safety Commission recalled Disney's crib 6 days after their daughter died.
The couple says their daughter was born Feb. 1, 2008, and strangled in the bars of the crib on Aug. 21. They say Disney knew of the defect because another baby had been strangled in a crib with the same defect the year before.
They claim the crib "has a fatal defect in its design and manufacture in that its metal side bars are spaced too far apart, creating a dangerous opening into which an infant can slip and become entrapped, causing serious injury and/or death. This defect caused the death of an infant in Missouri in September 2007.
"This death was reported to the Consumer Product Safety Commission and the bassinet's manufacturer, Simplicity, Inc. This death was also widely reported in the print and television media.
"At or before the time of Ms. Brotherton's purchase of the Winnie the Pooh 4 in 1 bassinet, defendants Disney and DPC [sic - defendant Disney Consumer Products] knew or, with the exercise of reasonable diligence, should have known of the defect in the bassinet, and that this defect could cause, and had already caused, the death of an infant and that this defect rendered the Winnie the Pooh 4 in 1 bassinet extremely dangerous and unsuitable for sale."
The complaint states: "On or about August 21, 2008, decedent Kennedy Brotherton slipped through the metal side bars, and became entrapped, strangled, and died. On August 26, 2008, plaintiffs notified defendant Disney of Kennedy's death caused by the defect in the Winnie the Pooh 4 in 1 bassinet. Defendant Disney did not respond to plaintiffs.
"The Winnie the Pooh 4 in 1 was recalled by the Consumer Product Safety Commission on August 27, 2008 because of the fatal and dangerous defect and the CPSC warned the public not to allow any babies to sleep in the recalled bassinet. CPSC's recall notice stated that the metal side bars were spaced too far apart in violation of the federal crib standard."
Plaintiffs demand punitive damages. They are represented in Superior Court by Charles Kelly II with Hersh & Hersh of San Francisco.
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